Short answer
Short answer. If an impaired driver hit you in Oklahoma City, you can bring a civil claim for your losses even if the criminal DUI case, which aims to punish the driver, is still open. Oklahoma law also lets a jury consider punitive damages in some cases, but only under strict standards (23 O.S. § 9.1).
Source: 23 O.S. § 9.1; 47 O.S. § 11-902
What Oklahoma's DUI law says
Under 47 O.S. § 11-902(A), it is unlawful to drive, operate or be in actual physical control of a motor vehicle in Oklahoma while, among other things, a person:
- "Has a blood or breath alcohol concentration … of eight-hundredths (0.08) or more at the time of a test"; or
- "Is under the influence of alcohol."
The statute also covers certain drugs and other intoxicating substances (§ 11-902(A)(3)–(5)). A DUI charge is a criminal case brought by the state. It is separate from any claim you make for your injuries.
Source: 47 O.S. § 11-902, https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=439901 (read on OSCN 2026-10-28)
The criminal case and your injury claim are different
- Who brings it: the prosecutor brings the DUI case. You (or your lawyer) bring the injury claim against the driver and, usually, the driver's insurer.
- What it decides: the criminal case decides guilt and punishment. The civil claim decides fault and the money owed for your losses.
- Timing: you don't have to wait for the criminal case to end to start an insurance claim. But the civil deadline keeps running while the criminal case is open. See deadlines below.
A conviction or plea can be useful evidence in a civil case, but how it may be used is a legal question for your lawyer.
Fault when the other driver was drunk
Evidence of impairment can bear on whether a driver was careless, but Oklahoma still compares each driver's negligence. Your own negligence doesn't bar recovery unless it is of greater degree than the negligence of the person, or the combined negligence of the people, who caused the harm (23 O.S. § 13), and your damages are reduced in proportion to your share (23 O.S. § 14). See who is at fault after an Oklahoma car accident.
If the drunk driver was driving a commercial truck, other rules and insurance may apply; see impaired truck drivers: Hicks Law Firm.
If the impaired driver was going the wrong way, see wrong-way crashes in Oklahoma City.
Sources: 23 O.S. § 13, https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=71131 ; 23 O.S. § 14, https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=71132
Punitive damages: what the statute actually requires
Oklahoma's punitive-damages statute, 23 O.S. § 9.1, sets three categories:
- Category I: the jury must find "by clear and convincing evidence" that the defendant was "guilty of reckless disregard for the rights of others." The award is capped at the greater of $100,000 or the actual damages awarded.
- Category II: the defendant "acted intentionally and with malice towards others." The cap is the greatest of $500,000, twice the actual damages, or the defendant's increased financial benefit from the conduct.
- Category III: this adds a court finding, "beyond a reasonable doubt," of intentional, malicious, life-threatening conduct. There is no cap.
Punitive damages are decided in a separate proceeding after the jury awards actual damages (§ 9.1(B)–(D)). The jury weighs factors such as "the seriousness of the hazard to the public" and "the degree of the defendant's awareness of the hazard" (§ 9.1(A)). Whether a particular drunk-driving crash meets these standards depends on the facts, and nothing here suggests that any award is likely.
Source: 23 O.S. § 9.1, https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=71127 (read on OSCN 2026-10-28)
What to do after a drunk-driving crash in OKC
- Call 911. If anyone is hurt, Oklahoma law requires notifying police "by the quickest means of communication" (47 O.S. § 10-107). If you suspect the other driver is impaired, tell the dispatcher and the officer what you saw.
- Give your information as 47 O.S. § 10-104 requires in a crash that injures or kills someone or damages a vehicle someone is driving or attending: your name, address and vehicle registration number, your driver license and security verification form on request, and reasonable assistance to anyone injured. Don't argue with the other driver.
- Note what you observed: driving behavior before the crash, statements, containers, odor or slurred speech. Write it down soon.
- Get witness contact details. Witnesses often leave before police arrive.
- Get medical care and keep every record. See who pays medical bills after a wreck.
- Request the crash report. It may note suspected impairment. See how to get your Oklahoma crash report.
- Be careful with insurers. See insurance calls after a wreck.
Sources: 47 O.S. § 10-104, https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=82248 ; 47 O.S. § 10-107, https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=82251
Whose insurance pays
The impaired driver's liability coverage is usually the first source. Oklahoma requires liability coverage (47 O.S. § 7-601). If the driver had no insurance, or not enough to cover your injuries, or fled, your uninsured-motorist (UM) coverage may apply unless it was rejected in writing (36 O.S. § 3636). See uninsured motorist claims. For how losses are measured and what can reduce them, see what shapes car accident compensation.
Sources: 47 O.S. § 7-601, https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=82225 ; 36 O.S. § 3636, https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=87144
Deadlines
In most Oklahoma injury cases, the lawsuit deadline is two years (12 O.S. § 95(A)(3)). Some cases have different or shorter deadlines, for example claims against a government entity. Don't wait on the criminal case. See Oklahoma car accident deadlines.
Source: 12 O.S. § 95, https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=439150
Alcohol-related crashes in Oklahoma City
In 2021, OHSO recorded 544 alcohol-related crashes in Oklahoma City, 15 of them fatal. These are reported crashes only, and 2021 is the newest finalized OHSO Crash Facts year available when checked.
Source: Oklahoma Highway Safety Office, 2021 Oklahoma Crash Facts, alcohol/drug section, "Urban Alcohol-Related Crashes by City (5,000+ population) & Crash Injury Severity," Oklahoma City row (fatal: OHP 4 + city PD 11; total 544), https://oklahoma.gov/content/dam/ok/en/highwaysafety/documents/the-work-we-do/crash-data/2021_s7_alcoholdrug.pdf (data year 2021; retrieved 2026-10-28)
Common questions
Can I sue a drunk driver in Oklahoma?
Yes. An injury claim is a civil case, separate from the state's DUI prosecution. It seeks payment for your losses, and your own share of fault is compared (23 O.S. §§ 13–14).
Do I have to wait for the DUI case to finish?
No. You can start an insurance claim while the criminal case is open. The civil deadline, usually two years for injuries (12 O.S. § 95(A)(3)), keeps running.
Can I get punitive damages from a drunk driver?
Only if a jury finds the strict standards in 23 O.S. § 9.1 are met, such as reckless disregard proven by clear and convincing evidence. Caps apply in most categories.
What is the legal limit in Oklahoma?
Under 47 O.S. § 11-902(A)(1), it is unlawful to drive with a blood or breath alcohol concentration of 0.08 or more at the time of a test. Being "under the influence of alcohol" is also unlawful (§ 11-902(A)(2)).
What if the drunk driver had no insurance?
Your uninsured-motorist coverage may pay for your injuries unless it was rejected in writing (36 O.S. § 3636).
What to do next: see Oklahoma City car accident questions and next steps.
Information, not legal advice. Every crash is different.